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ASBESTOS WORKERS LOCAL NO. 23 PENSION FUND v. U.S.

No. CIV.A.1:01-CV-2253.

303 F.Supp.2d 551 (2004)

ASBESTOS WORKERS LOCAL NO. 23 PENSION FUND, by and through Robert T. Norcross and Les J. Zane, as Trustees, Plaintiff v. UNITED STATES of America, Internal Revenue Service and Patrick Kelley, Defendants

United States District Court, M.D. Pennsylvania.

January 12, 2004.

Attorney(s) appearing for the Case

Charles W. Johnston, Johnston & Diamond, PC, Camp Hill, PA, for Plaintiffs.

Jennifer L. Best, Trial Attorney, U.S. Department of Justice, Washington, DC, Joseph J. Terz, U.S. Attorney's Office, J. Stephen Feinour, L. Renee Lieux, Nauman, Smith, Shissler & Hall, LLP, Harrisburg, PA, for Defendants.

MEMORANDUM

CONNER, District Judge.

Presently before the court in this interpleader action are cross-motions for summary judgment by defendants, Patrick Kelley and the Internal Revenue Service ("IRS"), seeking disbursement of payments owed under a pension benefit plan administered by plaintiff, Asbestos Workers Local No. 23 Pension Fund ("Fund"), and governed by the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001-1401...

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